HomeMy WebLinkAbout2007.12.27 BOZA MinutesMINUTES
HUGO BOARD OF ADJUSTMENTS AND APPEALS
December 27, 2007
Chairperson Schumann called the meeting to order at 6:00 p.m.
PRESENT: Burmeister, Puleo, Schumann
ABSENT: None
ALSO PRESENT: Bryan Bear, Community Development Director (CDD)
Rachel Simone, Associate Planner
Michele Lindau, Community Development Assistant
Oath of Office
Newly appointed Greg Burmeister took the Oath of Office.
Minutes of August 23, 2007
Schumann made motion, Puleo seconded, to recommend approval of the minutes for August 23,
2007 as submitted.
All Ayes. Motion carried.
Todd Christensen Variance for Driveway
The Board considered the application from Todd Christensen, 6192 147th Street North, for a
variance to permit a driveway to be located along the side property line where a five foot edge
clearance is required by ordinance and variance to allow a 32 foot wide driveway where
ordinance allows a maximum width of 24 feet as measured at the property line. The expanded
driveway was noticed by the Building Official while investigating a complaint about the location
of the storage shed. The shed is located to the rear of the home within the drainage and utility
easement and approximately two feet from the side property line. The applicant has indicated he
would move the shed to comply with City Code.
Associate Planner Rachel Simone provided background on the application which included a
recap of previous meetings where this was discussed. The Board first considered the application
at their October 12, 2006 meeting and tabled it to allow time to determine if there were any
drainage issues. It was found there were not. It went back to the Board on December 14, 2006
and the Board recommended denial of the variance. At its meeting on January 2, 2007, the City
Council denied the request and gave the homeowner until September 1, 2007 to remove the
illegal driveway. On September 5, 2007, staff conducted a site inspection of the property found
no improvements were done to the driveway as required by the City Council. Staff sent a letter
Board of Zoning Adjustments Meeting July 12, 207 - page 2
to the applicant advising him the driveway and shed be brought into compliance by September
28, 2007. A follow-up inspection was conducted on October 1, 2007 and found the property not
in compliance. At its October 15, 2007 meeting, the City Council discussed this issue and
directed the City Attorney to send a final letter to Todd Christensen stating the need for him to
contact City staff within seven days and make arrangements for the handling of the issue. The
City Attorney advised Todd if contact was not made within seven days, that the City would
commence legal action to remove the portion of the driveway that was in violation of the
ordinance and assess the cost to his property. Todd contacted staff after receiving the letter and
stated that he is working out of state for a long period of time, but Mike Heska would represent
him by applying for a variance and being preset at the meetings.
Mike Heska, 1055 Lake Beach Drive, Shoreview, was at the meeting and informed the council he
was representing the applicant. Mike explained that Todd lived at the home and had two renters.
With trailers and boats, more people coming and going, and the inability to park on the street, the
driveway was needed as is. He said it was well constructed and did not have a retaining wall. He
said the applicant could remove the illegal section of the driveway when he moved and they
could remove the shed in the spring. He pointed out there were several other sheds and oversized
driveways in the neighborhood. He asked for a variance, even temporarily, and stated the
applicant worked out of state and was rarely home. Mike said he oversees the property and
makes sure the grass is cut.
Schumann opened the public hearing. There were no comments, and Schumann closed the
public hearing.
Puleo stated that the Board had tried to be very accommodating but Todd never attended any of
the meetings and did not react until the attorney sent a letter. He was given a year to more the
shed and still has not.
Heska said he would move the shed himself in the spring.
The Board questioned whether the applicant had given Heska authorization to negotiate for him.
Burmeister said he failed to see a hardship and had an issue with the driveway going all the way
to the property line and into the easement.
Puleo made motion, Burmeister seconded to recommend denial of the variance.
All ayes. Motion carried.
Adiournment
Puleo made motion, Burmeister seconded, to adjourn at 6:58 p.m.
All Ayes. Motion carried.
Board of Zoning Adjustments Meeting July 12, 207 - page 3
Michele Lindau, Secretary
Board of Zoning Adjustments